KFLCC Kingdom Law 2nd Ed.

920

POSTHUMOUS CHILD

POTENTIAL

eration. Breckinridge v. Denny, 8 Bush (Ky.) 527. POSTHUMOUS CHILD. One born after the death of its father; or, when the Csesa rean operation is performed, after that of the mother. Posthumus pro nato habetur. A post humous child is considered as though born, [at the parent's death.] Hall v. Hancock, 15 Pick. (Mass.) 258, 26 Am. Dec. 598. Lat In the civil law. A doctrine or fiction of the law by which the restoration of a person to any status or right formerly possessed by him was considered as relating back to the time of his original loss or deprivation; particu larly in the case of one who, having been taken prisoner in war, and having escaped and returned to Rome, was regarded, by the aid of this fiction, as having never been abroad, and was thereby reinstated in all his rights. Inst 1, 12, 5. The term is also applied, in international law, to the recapture of property taken by an enemy, and its consequent restoration to its original ywner. Postliminium fingit enm qui captus est in civitate semper fuisse. Postliminy feigns that he who has been captured has never left the state. Inst. 1, 12, 5; Dig. 49, 51. POSTLIMINY. See POSTLIMINIUM. POSTMAN. A senior barrister in the court of exchequer, who has precedence in motions; so called from the place whero he sits. 2 Bl. Comm. 28. A letter-carrier. POSTMASTER. An officer of the United States, appointed to take charge of a local post-office and transact the business of re ceiving and forwarding the mails at that point, and such other business as is commit ted to him under the postal laws. —Postmaster general. The head of the post-office department. He is one of the presi dent's cabinet. POSTLIMINIUM. POSTPONE. To put off; defer; delay; continue; adjourn; as when a hearing is postponed. Also to place after; to set be low something else; as when an earlier lien is for some reason postponed to a later lien. The word "postponement," in speaking of legal proceedings, is nearly equivalent to "con tinuance;" except that the former word is gen erally preferred when describing an adjourn ment of the cause to another day during the same term, and the latter when the case goes over to another term. See State v. Underwood, 76 Mo. 639; State v. Nathaniel, 52 La. Ann. 558, 26 South. 1008. POSTNATI. Those born after. See POST NATUS.

POSTREMO-GENITURE.

Borough.

English, (q. v.) POSTULATIO. Lat In Roman law. A request or petition. This was the name of the first step in a criminal prosecution, corresponding somewhat to "swearing out a warrant" in modern criminal law. The ac cuser appeared before the praetor, and stated his desire to institute criminal proceedings against a designated person, and prayed the authority of the magistrate therefor. In old English ecclesiastical law. A species of petition for transfer of a bishop. —Postulatio actionis. Iu Roman law.The demand of an action; the request made to the pnetor by an actor or plaintiff for an action or formula of suit; corresponding with the application for a writ in old English practice. Or, as otherwise explained, the actor's asking of leave to institute his action, on appearance of the parties befoie the Drdetor. Hallifax, Civil Law, b. 3, c 9. no. 12. In French law. A sum of money frequently paid, at the moment of entering into a contract, beyond the price agreed upon.. It differs from arrha, in this: that it is no part of the price of the thing sold, and that the person who has received it cannot by returning double the amount or the other party by losing what he has paid, rescind the contract 18 ToulHer, no. 52. POTENTATE. A person who possesses great power or sway; a prince, sovereign, or monarch. By the naturalization law of the United States, an alien is required to renounce all al legiance to any foreign "prince, potentate, or sovereign whatever." Lat Possibility; power. — -Potentia propinq.ua. Common possibility. Se;e POSSIBILITY. Potentia debet sequi justitiam, non antecedere. 3 Bulst 199. Power ought to follow justice, not go before it Potentia est duplex, remota et propin qua; et potentia remotissima et vana est quae nunquam venit in actum. 11 Coke, 51. Possibility is of two kinds, remote and near; that which never comes into action is a power the most remote and vain. Potentia inutilis frustra est. Useless power is to no purpose. Branch, Princ. POTENTIAL. Existing in possibility but not in act; naturally and probably expected to come into existence at some future time, though not now existing; for example, the future product of grain or trees already planted, or the successive future instalments or payments on a contract or engagement al ready made. Things having a "potential ex istence" may be the subject of mortgage, as- POT-DE-VIN. POTENTIA.